Year: 2021
291 – The Supremacy Clause and the Tenth Amendment v. Mandates
By now, you’ve probably heard of Jen Psaki’s response to a question about Texas standing up to Biden’s threatened vaccine mandate. She stated that federal law trumps state law. I guess it’s true that the best lie should contain a bit of truth. Today, let’s answer the question of whether federal law always trumps state law. Let’s do so by looking at the original documents, so we can answer this question not only when it comes to vaccine mandates, but all of the acts coming out of Washington, D.C.
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Constitution Live Q&A – Nov. 11, 2021
You bring the questions, I’ll bring the answer.
This special event will be held before a live audience in Tampa, FL!
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290 – Illinois Gun Tax Case
I usually cover cases involving the Constitution of the United States. Today however, I am looking at a case out of the State of Illinois involving that state’s constitution and the question of county gun and ammo taxes. While the appellant’s complaint argues that these taxes violate the both Article I, Section 22 of the Illinois Constituiton and Second Amendment to the U.S. Constitution, the Illinois Supreme Court instead focused on the taxing power of the county. While Cook County gun owners may be happy with the outcome, as a constitutional scholar I find the majority opinion woefully lacking.
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289 – Qualified Tyranny
Governments protecting their own with mock trial is nothing new. When our Founding Fathers published the Declaration of Independence, they listed 27 specific grievances against the king, including:
For protecting [the military], by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
Today courts are protecting law enforcement by mock trial from punishment for violating the law and our rights based solely on their opinion of what is “clearly established statutory or constitutional rights”. The Supreme Court recently opined on two cases where the question of a law enforcement officer’s “qualified immunity” was in question. But we really have to ask ourselves two questions. First, is it constitutional to provide government officials special treatment under the law? Second, do the courts have the legal authority to determine when “statutory or constitutional rights” have been established?
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Constitution Study Live Q&A – October 28, 2021
You bring the questions, I’ll bring the answers!
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288 – Permanent Apportionment Gaslighting
When you hear a lie so often that you think it’s the truth, we say you’ve been “gaslighted”. That is just as true for government as any other part of your life. From early in the 20th century, Congress has been telling the American people the lie that they limited the number of members in the House of Representatives by law. That law is invalid and void. Yet the American people sit back and allow their employees in Congress to violate the law, and do so with blatant disregard for the supreme law of the land and their oath or affirmation to support it. We act like the people in the Hans Christian Anderson tale, “The Emperor’s New Clothes”. We nod our heads and go along with what we’ve been told our entire lives, that the House of Representatives legally has 435 members. I’m here to play the role of the small boy in the story and cry out “The Emperor has no clothes.” Specifically, that the House of Representatives has denied you the proper representation you are entitled to in Congress, and it’s about time we do something about it.
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287 – Privacy vs Government Interest
Most Americans believe they have a right to privacy. Many Americans want governments to protect them from “bad actors”. What happens when our right to privacy collides with our desire for government to protect us? A recent Supreme Court case out of California involves the question of how far government can go to protect us. Specifically, is it necessary for governments to collect data about citizens in order to find criminals? As William Pitt (the Younger) said “Necessity is the plea for every infringement of human freedom.” While this case deals with California law, we should be asking bigger question. Does “government interest” trump our rights and the Constitutions of our states and the United States?
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